State v. J. D. G.

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754 March 20, 2019 No. 137 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of J. D. G., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. J. D. G., Appellant. Multnomah County Circuit Court 18CC04433; A168808 Michael C. Zusman, Judge pro tempore. Submitted February 1, 2019. Jedediah Peterson and O’Connor Weber, LLC, filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Hannah K. Hoffman, Assistant Attorney General, filed the brief for respondent. Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge. PER CURIAM Reversed. Cite as 296 Or App 754 (2019) 755 PER CURIAM Appellant seeks reversal of a judgment committing her to the custody of the Mental Health Division for a period not to exceed 180 days. See ORS 426.130. In her only assignment of error, appellant contends that the record does not contain legally sufficient evidence that, due to a mental disorder, she was unable to provide for her basic needs. See ORS 426.005(1)(f)(B). The state concedes that the evidence was insufficient to establish that appellant was unable to provide for her basic needs and that the judgment should be reversed. We agree, accept the state’s concession, and reverse the judgment. Reversed.

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